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Miyares: Va. school boards must adhere to new trans, nonbinary student guidelines

Districts in Northern Virginia have defined rules

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(Bigstock photo)

Virginia Attorney General Jason Miyares on Thursday said school boards must adhere to the state’s new guidelines for transgender and nonbinary students.

Miyares in a letter to Republican Gov. Glenn Youngkin said the guidelines “comply with the Equal Protection Clause, Title IX and the VHRA” (the Virginia Human Rights Act) and “local school boards are required to adopt policies that are consistent with them.”

The Virginia Department of Education last month released the new guidelines.

One section states “schools shall defer to parents to make the best decisions with respect to their children.”

“Parents are in the best position to work with their children and, where appropriate, their children’s health care providers to determine (a) what names, nicknames and/or pronouns, if any, shall be used for their child by teachers and school staff while their child is at school, (b) whether their child engages in any counseling or social transition at school that encourages a gender that differs from their child’s sex, or (c) whether their child expresses a gender that differs with their child’s sex while at school,” it reads.

Another section notes “schools shall keep parents informed about their children’s well-being.”

“To ensure parents are able to make the best decisions with respect to their child, school personnel shall keep parents fully informed about all matters that may be reasonably expected to be important to a parent, including, and without limitation, matters related to their child’s health, and social and psychological development,” it reads. “Parents’ rights are affirmed by the U.S. Supreme Court that characterized a parent’s right to raise his or her child as ‘perhaps the oldest of the fundamental liberty interests recognized by this court.’ Troxel v. Granville, 530 U.S. 57, 65 (2000). This requirement is, of course, subject to laws that prohibit disclosure of information to parents in certain circumstances including, for example, Code of Virginia § 22.1-272.1(B) (prohibiting parental contact where student is at imminent risk of suicide related to parental abuse or neglect.)”

The guidelines further state “schools shall serve the needs of all students” and the Virginia Department of Education “is committed to working with school divisions to ensure a positive, safe and nurturing learning environment for all students.” 

“Each student’s individual needs should be taken into consideration by his or her school, and divisions should develop policies that encourage schools to account for these individual needs, with due sensitivity to the needs of other students and the practical requirements of the teaching and learning environment,” reads the guidelines. “Schools should attempt to accommodate students with distinctive needs, including transgender students. A team of appropriate school staff and other caregivers should collaborate with the student’s parents or with an eligible student to identify and implement such reasonable accommodations or modifications (if any), considering the resources and staff available in the school and school divisions, as well as the rights and needs of other students and of school staff.” 

The guidelines further state “single-user bathrooms and facilities should be made available in accessible areas and provided with appropriate signage, indicating accessibility for all students.” 

“To ensure that all students have access to a learning environment in which they feel comfortable and safe, where state or federal law requires schools to permit transgender students to share otherwise sex-segregated facilities (such as bathrooms or locker rooms) with students of the opposite sex, parents should be given the right to opt their child out of using such facilities, and the child should be given access to alternative facilities that promote the child’s privacy and safety,” reads the guidelines. “Eligible students should be given the same right to opt out.”

Arlington County Public Schools, Fairfax County Public Schools and Prince William County Schools have announced they will not implement the new guidelines. NBC Washington on Thursday reported Miyares’ opinion is “nonbinding.”

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Virginia

Ghazala Hashmi names Equality Virginia executive director to transition team

Narissa Rahaman will join Adam Ebbin, Mark Sickles on LG-elect’s committee.

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Virginia Lt. Gov.-elect Ghazala Hashmi (YouTube screenshot)

Virginia Lt. Gov.-elect Ghazala Hashmi has named Equality Virginia Executive Director Narissa Rahaman to her transition team.

State Sen. Adam Ebbin (D-Alexandria) and state Del. Mark Sickles (D-Fairfax County) are among those who Hashmi also named to her Transition Committee.

“I am honored to have this diverse group of leaders join our transition,” said Hashmi in a statement. “Their experience, perspective, and commitment to public service will help build an Office of the Lieutenant Governor that is responsive, innovative, and relentlessly focused on improving the lives of every Virginia resident.”

“Together, we will develop a thoughtful roadmap for the work ahead — one that ensures we are engaging communities, strengthening partnerships across the state, and preparing this office to serve with purpose and conviction from Day One,” she added. “I am grateful to each member for bringing time, expertise, and passion to this effort.”

Hashmi, a Democrat, defeated Republican John Reid, who is openly gay, on Nov. 4.

Hashmi will succeed outgoing Lt. Gov. Winsome Earle-Sears on Jan. 17.

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Democrats increase majority in Va. House of Delegates

Tuesday was Election Day in state.

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Virginia Capitol (Washington Blade photo by Michael Key)

Democrats on Tuesday increased their majority in the Virginia House of Delegates.

The Associated Press notes the party now has 61 seats in the chamber. Democrats before Election Day had a 51-48 majority in the House.

All six openly gay, lesbian, and bisexual candidates — state Dels. Rozia Henson (D-Prince William County), Laura Jane Cohen (D-Fairfax County), Joshua Cole (D-Fredericksburg), Marcia Price (D-Newport News), Adele McClure (D-Arlington County), and Mark Sickles (D-Fairfax County) — won re-election.

Lindsey Dougherty, a bisexual Democrat, defeated state Del. Carrie Coyner (R-Chesterfield County) in House District 75 that includes portions of Chesterfield and Prince George Counties. (Attorney General-elect Jay Jones in 2022 texted Coyner about a scenario in which he shot former House Speaker Todd Gilbert, a Republican.)

Other notable election results include Democrat John McAuliff defeating state Del. Geary Higgins (R-Loudoun County) in House District 30. Former state Del. Elizabeth Guzmán beat state Del. Ian Lovejoy (R-Prince William County) in House District 22.

Democrats increased their majority in the House on the same night they won all three statewide offices: governor, lieutenant governor, and attorney general.

Narissa Rahaman is the executive director of Equality Virginia Advocates, the advocacy branch of Equality Virginia, a statewide LGBTQ advocacy group, last week noted the election results will determine the future of LGBTQ rights, reproductive freedom, and voting rights in the state.

Republican Gov. Glenn Youngkin in 2024 signed a bill that codified marriage equality in state law.

The General Assembly earlier this year approved a resolution that seeks to repeal the Marshall-Newman Amendment that defines marriage in the state constitution as between a man and a woman. The resolution must pass in two successive legislatures before it can go to the ballot.

Shreya Jyotishi contributed to this article.

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Gay Republican loses race for Virginia lieutenant governor

John Reid became first out nominee for statewide office in Va.

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John Reid lost his bid for Virginia lieutenant governor. (Washington Blade photo by Michael Key)

John Reid, a gay conservative former radio talk show host in Richmond for many years, lost his race as the Republican candidate for lieutenant governor in Virginia on Tuesday, falling short of becoming the state’s first openly gay person to win a statewide office.

According to the Virginia Board of Elections, with votes counted in 129 of the state’s 133 localities, Democrat Ghazala F. Hashmi, a member of the Virginia State Senate, captured 55.45 percent of the vote, with 1,822,889 votes compared to Reid, who received 44.30 percent with 1,456,335 votes.

The election board results at 11:30 p.m. on election night also showed there were 8,391 write-in votes cast in the lieutenant governor’s race at 0.26 percent.

While Reid fell short of becoming Virginia’s first out LGBTQ statewide office holder, Hashmi broke another barrier by becoming both the state and the nation’s first Muslim woman elected to a statewide office.

The Progressive Voters Guide has reported that Hashmi supports LGBTQ rights  as part of a broader progressive agenda that includes public education, reproductive rights, and environmental justice. 

Gay longtime Virginia State Sen. Adam Ebbin (D-Alexandria) endorsed Hashmi’s candidacy and told the Washington Blade he recently took her on a campaign tour of the Del Ray section of Alexandria.

In an interview with the Blade in April, Reid responded to a question of what message he had for LGBTQ voters in Virginia.

“Well, the thing I would say to gay voters who are looking and examining the candidates, is that I was out of the closet as a gay Republican publicly in very difficult rooms where people weren’t accepting of gay men – long before Donald Trump said I don’t care about this stuff,” he said.

“So even though I’m a Republican I know some people in the LGBT community are reflexively hostile to Republicans,” he told the Blade, “I took that step in public, and I think I helped change a lot of minds within the Republican Party and within central Virginia, which continues to be pretty conservative place, by being true to who I am.”

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